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Question Is this considered Nepotism?

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ashxoxo
Topic Author

2 years 9 months ago #8369 by ashxoxo

ashxoxo created the topic: Is this considered Nepotism?

In Section 125, Rule XII (Prohibitions) of the 2017 Omnibus Rules on Appointments and Other Human Resource Actions, It is stated that,
"In the local government career service, the prohibition extends to the relatives of the appointing or recommending authority, within the fourth civil degree of consanguinity or affinity. However, for the non-career service in the local government, the prohibition extends to the third degree either of consanguinity or of affinity of the appointing or recommending officer/authority, or head of office, or of the person exercising immediate supervision over the appointee."
Also,
The prohibitory norm against nepotism in the public service is set out in Section 59, Book V of the Revised Administrative Code of 1987 (also known as E.O. No. 292). Section 59 reads as follows:
"Sec. 59. Nepotism — (1) All appointments in the national, provincial, city and municipal governments or in any branch or instrumentality thereof, including government-owned or controlled corporations, made in favor of a relative of the appointing or recommending authority, or of the chief of the bureau or office, or of the persons exercising immediate supervision over him, are hereby prohibited."

So, if A is an applicant for a career position in an LGU and B is A's first cousin and the head of a department in said LGU. Will it be okay if A will be appointed in that career position under B's department, considering they meet the qualifications for that position? Will there be any issue? What if B is a member of the HRM-PSB?

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Action Officer 21
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2 years 8 months ago #8389 by Action Officer 21

Action Officer 21 replied the topic: Is this considered Nepotism?

Hi Axhxoxo,

As a matter of policy, this Office refrains from rendering categorical opinion on matters and issues that may later on be the subject of an administrative proceeding before the Commission either via an appeal or a complaint. This is to preclude the possibility of prejudgment should an actual administrative case be commenced or instituted based on the said matters or issues.

Be that as it may, please be advised that Section 125, Rule XII, of the 2017 Omnibus Rules on Appointment and Other Human Resource Actions provides for the general rule on the limitation on appointment on account of nepotism. However, the local government unit’s Human Resource Merit Promotion and Selection Board shall assist the appointing officer/authority in the judicious and objective selection of candidates for appointment in the agency in accordance with the approved Agency Merit Selection Plan (Section 85, Rule IX, 2017 Omnibus Rules on Appointment and Other Human Resource Actions).

For purposes of clarification, take note that the Commission has resolved that the function of the HRMPSB is to assist the appointing authority and not to recommend candidates for appointment or promotion. (WATCHORNA, Agatha P., CSC Resolution No. 040678 dated June 17, 2004)

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Melinda Cielo
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2 years 8 months ago #8467 by Melinda Cielo

Melinda Cielo replied the topic: Is this considered Nepotism?

Hi!

If I may just follow-up on this topic. Since the Rules explicitly stated that the prohibition against nepotism on local government career service positions extends to "the appointing or recommending officer/authority" only, excluding the head of office or immediate supervisor, should the appointment of A in B's department be considered valid?

As can be seen, it is expressly stated that in national government position and in the LGU non-career positions, the prohibition against nepotism clearly involves the head of office and immediate supervisor as well.

So my query is - is that omission/exclusion of "head of office/immediate supervisor" with respect to LGU career positions deliberate on the part of the CSC?

I am really hoping you can shed light on us regarding this matter. Thank you in advance.

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